My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.
First, it is a violation of the Fair Debt Collection Practices Act for a debt collector to discuss the account with a third party. If they are trying to locate you, they can state that they are looking for you and ask for your whereabouts. But they are not allowed to state that you owe a debt. Section 804
. Second, you have a right as a consumer to request validation of the debt from the person trying to collect it. They're supposed to notify you of this right within five days of contacting you about the debt. Section 809
. A debt collector cannot continue to try to collect the debt until this information is provided. This site has some sample letters.
Also, you said that it's been about 6 years. Discover's credit card agreement
states that it is governed by Delaware law. The statute of limitations for breach of contract in Delaware is only three years. It is a violation of the FDCPA to represent a debt as collectible once the statute of limitations has passed. See Section 807
. Therefore, you may have another claim against them - a violation of the FDCPA can subject the debt collector to up to $1,000 in civil liability. Section 813
You may want to check your credit report, if you have not already done so, to see if there is a past-due balance owed to Discover. Discover may be able to tell you whether they sold the debt and, if so, to whom. You can get a free copy of your credit report each year at www.annualcreditreport.com
. Scam artists sometimes call pretending to be debt collectors, so seeing if there is an unpaid debt on your credit report, and who reported it, is one way to help figure out if this is a real debt.
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